Employee’s Payment Of Wages Claim For Commission Over And Above Temporary Wage Subsidy Fails As Not Having Been “Properly Payable”

In the recent WRC Decision of Jennifer Weldon v Forthside Lodge Ltd trading as Whitford House Hotel – ADJ-00030367, the WRC examined a claim by Ms. Weldon, that by only paying her the wage subsidy and one cent for a period of time during the Covid-19 pandemic, the Respondent made an unlawful deduction from her wages in breach of the Payment of Wages Act.

Facts:

The Complainant is a well-established swimming instructor who has worked at the Respondent’s leisure facility since 2007. In addition to giving swimming lessons, the Complainant also carries out lifeguard duties. In terms of her pay, it seems that ordinarily she receives a weekly wage and relatively regular commission on top. The commission arises from swimming lessons taught by her.

The dispute arose because of the Covid – 19 pandemic. The Respondent was adversely affected by the pandemic and availed of the Temporary Wage Subsidy Scheme (“TWSS”) in respect of the Complainant and other employees.

The Respondent closed the swimming pool between March and late July 2020 due to the pandemic. When it re-opened, it did not offer swimming lessons. This meant that the Complainant could only do her lifeguarding duty.

continue reading here

Stay informed with the latest legal developments at Global Law Experts